UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA
NANCY JO GRANT, Petitioner,
VERNON L. KEEN, Sheriff, DeSoto County Sheriff’s Office and Director, DeSoto County Department of Corrections and WALTER A. MCNEIL, Secretary, Florida Department of Corrections,Respondents.
PETITIONER’S MOTION FOR WRIT of PROCEDENDUM AD JUSTICIUM
Blackstone described this writ as follows: “A writ ofprocedendum ad justicium issues out of the court of chancery, when judges of any subordinate court do delay the parties; for that they will not give judgment either on one side or the other, when they ought to do so. In this case a writ of procedendo shall be awarded, commanding them in the King’s name to proceed to judgment; but without specifying any particular judgment.” 3 Blackstone Commentaries, §109. Here, this Court under the All Writs Act, 28 U.S.C. §1651(a), has authority to issue a writ of procedendum ad justicium. (“The Supreme Court and all courts established by Act of Congress the usages and principles of law.”). That writ should be directed to Magistrate-Judge to issue his Report and Recommendation in this matter forthwith.
Petitioner NANCY JO GRANT, by and through her undersigned counsel move this Court for a Writ of Procedendum Ad Justicium and for grounds in support state: Petitioner has been incarcerated since February 19, 2008 – Fifty One (51) days. Though fully briefed since March 31, 2008, the Magistrate-Judge has not ruled upon the Petition for Writ of Habeas Corpus.
WHEREFORE, Petitioner requests that (i) this Court enter an order directing Respondent, VERNON L. KEEN, Sheriff, DeSoto County Sheriff’s Office and Director, DeSoto County Department of Corrections to immediately release her from custody pending resolution of the Petition for Habeas Corpus or, alternatively (ii) issue its writ directing the Magistrate-Judge to issue his Report and Recommendation in this matter forthwith.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served by CM/ECF to: Michele Taylor, Assistant Attorney General, Concourse Center 4, 3507 E. Frontage Road, Suite 200, Tampa, Florida 33607-7013 this April 10, 2008.
MONTGOMERY BLAIR SIBLEY Attorney for Petitioner 50 West Montgomery Avenue, Suite B-4 Rockville, Maryland 20850 Voice/Fax: (202) 478-0371 Email: email@example.com